AN APPRAISAL OF EMPLOYEES’ COMPENSATION: NIGERIAN EMPLOYEES’ COMPENSATION ACT, 2010 IN PERSPECTIVE

AN APPRAISAL OF EMPLOYEES’ COMPENSATION: NIGERIAN EMPLOYEES’ COMPENSATION ACT, 2010 IN PERSPECTIVE

ABSTRACT

Employer and Employee relationship creates mutual duties and responsibilities which are complimentary. This duty is for the Safety and Health of the employee. The Government, on the other hand, has a complimentary role to play in the discharge of this duty, hence the duty now create a tripartite responsibility which is mutual and complimentary. To an Employee; the responsibility is to take care of him/herself and a fellow employee in the course of the employment. The Employer has the responsibility among several others to compensate an injured employee while the Government responsibility is to create and enforce its policies towards the welfare of all employees among several other responsibilities. However, the welfare of employees in both Public and Private Sectors have remained a mirage despite their contributions to national growth. The Government has now awaken to discharge one of its responsibility through a backed up legislation; Employees‟ Compensation Act, 2010. Although, there are previous legislation on workers‟ compensation, the new Act has distinguished itself by being all encompassing in scope and application. The Scheme, which is a Social Insurance, is being run by a government agency; Nigeria Social Insurance Trust Fund (NSITF) for six (6) years now. The question that readily comes to mind is how has the scheme touched, improved or set proper path for the welfare of the Nigerian employees? The aim of this research is to appraise the Employees‟ Compensation Act, 2010 with the objectives of appraising the prospects and challenges of the Act, to examine the operation of NSITF in relation to the support for employees‟ compensation and finally to proffer solutions to some flaws of the Act for future amendments. The research methodology adopted is doctrinaland the research has made several findings among which are; the State- Managed Scheme operated presently has hindered the acceptance and effectiveness of the employees‟ compensation scheme in Nigeria. Also some xvi provisions of the Act are over flawed and unconstitutional. Therefore, if the Scheme will be jointly operated with Private firms such as the Pension Scheme, it will go a long way in addressing other challenges discovered in the course of this research like the excessive discretionary powers of the Board of NSITF. Some of the provisions of the Act like Section 12 should be amended as it is unconstitutional to deny an injured employee recourse to the Court for the determination of his civil rights and obligations. Compliance with the scheme can be sustained where the certificate of registration issued by NSITF is being recognized as mandatory for pre-qualification for tender, registration of companies and budget approval for Ministries, Departments and Agencies (MDAs).

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